AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
Tuesday, June 27, 2017
7:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



I. Call to Order

II. Roll Call of Members

III. Salute to the Flag

IV. Moment of Silence

V. Public Comment and Presentation

     A. Public Comment

     B. Presentations 

  • Proclamation – June Dairy Month
  • Proclamation - Amsterdam Track & Field Team

VI. Communications

VII. Approval of Minutes

VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business

  • RESOLUTION 116 of 2017 - RESOLUTION AMENDING THE 2017 OPERATING BUDGET AND ESTABLISHING THE POSITION OF ASSISTANT DEPUTY COUNTY CLERK (COUNTY CLERK)

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
116

RESOLUTION AMENDING THE 2017 OPERATING BUDGET AND ESTABLISHING THE POSITION OF ASSISTANT DEPUTY COUNTY CLERK (COUNTY CLERK)

Duchessi/WilsonMove to Full Legislature
147

RESOLUTION ACCEPTING GRANT APPLICATION FOR MONTGOMERY COUNTY PUBLIC SAFETY EMERGENCY SERVICES FACILITY PROJECT - DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ECONOMIC DEVELOPMENT & PLANNING)

Pepe/IsabelMove to Full Legislature
148

RESOLUTION IN SUPPORT OF AN APPLICATION THROUGH THE CONSOLIDATED FUNDING APPLICATION (CFA) 2017 ROUND THROUGH THE NEW YORK STATE DIVISION OF HOMES AND COMMUNITY RENEWAL, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MICROENTERPRISE PROGRAM BY MONTGOMERY COUNTY FOR A 2017 MONTGOMERY COUNTY AGRICULTURE MICROENTERPRISE PROGRAM

Headwell, Jr./WilsonMove to Full Legislature
149

RESOLUTION IN SUPPORT OF AN APPLICATION THROUGH THE CONSOLIDATED FUNDING APPLICATION (CFA) 2017 ROUND THROUGH THE NEW YORK STATE DIVISION OF HOMES AND COMMUNITY RENEWAL, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC FACILITIES PROGRAM BY MONTGOMERY COUNTY FOR A 2017 OLD COURTHOUSE REHABILITATION PROJECT

Pepe/WilsonMove to Full Legislature
150

RESOLUTION ACCEPTING GRANT APPLICATION FOR MONTGOMERY COUNTY CHARGING STATION PROJECT AND AMENDING 2017 OPERATING BUDGET-DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DPW)

Isabel/DimondMove to Full Legislature
151

RESOLUTION ACCEPTING FUNDING & AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS (CSHCN) GRANT (PUBLIC HEALTH)

Purtell/PepeMove to Full Legislature
152

RESOLUTION AMENDING 2017 OPERATING BUDGET – NYSDOH 2017 LOCAL HEALTH DEPARTMENT PERFORMANCE INCENTIVE AWARD (PUBLIC HEALTH)

Kelly/DimondMove to Full Legislature
153

RESOLUTION AMENDING 2017 OPERATING BUDGET – PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT CARRY OVER FUNDS (PUBLIC HEALTH) 

Kelly/WilsonMove to Full Legislature
154

RESOLUTION AMENDING THE 2017 OPERATING BUDGET (SHERIFF)

Purtell/WilsonMove to Full Legislature
155

RESOLUTION AMENDING 2017 OPERATING BUDGET - MANDATED SALARY INCREASE (DISTRICT ATTORNEY)

Pepe/PurtellMove to Full Legislature
156

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT – 2017 RESOURCE ALLOCATION PLAN AND AMENDING 2017 OPERATING BUDGET (YOUTH, ATI & VETERANS’ SERVICES)

Wilson/PurtellMove to Full Legislature
157

RESOLUTION AMENDING BUDGET WITH FORFEITURE MONIES (DISTRICT ATTORNEY)

Purtell/PepeMove to Full Legislature
158

RESOLUTION AMENDING THE 2017 OPERATING BUDGET (STOP-DWI)

Wilson/PepeMove to Full Legislature
159

RESOLUTION AMENDING THE 2017 OPERATING BUDGET TO TRANSFER FUNDS FOR YOUTH DAY-2017 (YOUTH, ATI & VETERANS)

Kelly/PurtellMove to Full Legislature
160

RESOLUTION ESTABLISHING THE POSITION OF CLERK TYPIST (PT) AND ELIMINATING THE POSITION OF SENIOR CLERK TYPIST (PUBLIC DEFENDER)

Pepe/PurtellMove to Full Legislature
161

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AGREEMENT WITH JMZ ARCHITECTS AND PLANNERS, P.C. TO PREPARE DESIGN PLANS AND BID SPECIFICATIONS FOR THE PROPOSED FMCC CAMPUS BATHROOMS AND LOCKER ROOMS PROJECT

Headwell, Jr./WilsonMove to Full Legislature
162

RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON FMCC’S PROPOSED 2017-18 BUDGET

Purtell/Headwell, Jr.Move to Full Legislature
163

RESOLUTION APPOINTING MEMBER TO THE AUDIT COMMITTEE  (COUNTY LEGISLATURE)

Dimond/WilsonMove to Full Legislature
164

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Headwell, Jr./PurtellMove to Full Legislature
165

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A RELEASE WITH GALLAGHER BASSET, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AND MCKEE RISK MANAGEMENT (COUNTY LEGISLATURE)

Headwell, Jr./PurtellMove to Full Legislature
166

RESOLUTION AUTHORIZING ACCEPTANCE OF REPORT AND RELEASE OF MOSA RECEIVER, AND DISTRIBUTIONS TO MONTGOMERY, OTSEGO and SCHOHARIE COUNTIES AND RECEIVER  (COUNTY LEGISLATURE)

Purtell/WilsonMove to Full Legislature
167

RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF MONTGOMERY COUNTY, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY “MONTGOMERY COUNTY, NEW YORK REFUNDING (SERIAL) BONDS, 2017”, AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY

Purtell/DimondMove to Full Legislature
168

RESOLUTION SUPPORTING ASSEMBLY BILL A07935 WHICH ENACTS LEGISLATION TO EXTEND CERTAIN PROVISIONS OF THE TAX LAW AND OTHER LAWS RELATING THERETO; RELATES TO EXTENDING FOR TWO YEARS THE AUTHORIZATION OF ADDITIONAL SALES AND USE TAX FOR THE COUNTY OF MONTGOMERY FROM NOVEMBER 30, 2017 UNTIL NOVEMBER 30, 2019

Pepe/PurtellDid Not Go Through Committee
169

RESOLUTION SUPPORTING SENATE BILL S6827 AN ACT TO AMEND THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, IN RELATION TO RENAMING RIVERBANK STATE PARK; TO AUTHORIZE THE RENAMING OF THE NATIONAL PURPLE HEART HALL OF HONOR; TO AUTHORIZE THE RENAMING OF, IN WHOLE OR IN PART, THE NEW WINDSOR CANTONMENT STATE HISTORIC SITE; TO AMEND THE HIGHWAY LAW, IN RELATION TO DESIGNATING CERTAIN PORTIONS OF THE STATE HIGHWAY SYSTEM AS THE "SENATOR WILLIAM J. LARKIN, JR. HIGHWAY"; AND TO AMEND THE PUBLIC AUTHORITIES LAW, ENVIRONMENTAL CONSERVATION LAW AND THE HIGHWAY LAW, IN RELATION TO NAMING THE GOVERNOR MARIO M. CUOMO BRIDGE

Dimond/Headwell, Jr.Did Not Go Through Committee
170

RESOLUTON AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT WITH GOTTADO CONTRACTING, LLC (COUNTY TREASURER)

Headwell, Jr./PepeDid Not Go Through Committee
171

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT WITH C.T. MALE ASSOCIATES FOR ARCHITECTURAL AND ENGINEERING SERVICES- EMERGENCY MANAGEMENT GARAGE AND STORAGE FACILITY

Wilson/Headwell, Jr.Did Not Go Through Committee
172

RESOLUTION SUPPORTING THE MUNICIPAL CONSOLIDATION AND EFFICIENCY PLAN AS SUBMITTED BY MONTGOMERY COUNTY AND ITS CONSTITUENT MUNICIPALITIES

Pepe/Headwell, Jr.Did Not Go Through Committee



Montgomery County Seal!RESOLUTION NO. 116 of 2017

DATED: May 23, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET AND ESTABLISHING THE POSITION OF ASSISTANT DEPUTY COUNTY CLERK (COUNTY CLERK)


Resolution by Legislator: Duchessi
Seconded by: Wilson

WHEREAS, there has been an increase in the volume of workload in the department; and

WHEREAS, it has become more demanding to be able to process work in a timely manner and provide the necessary back-up for the County Clerk's office.

RESOLVED, that the Montgomery County Legislature, hereby establishes the competitive position of Assistant Deputy County Clerk at a Grade P, Base Salary $41,192.00.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:         
         
A-30-4-1010-00-.4577   Bed Tax Contribution   $14,000.00
         
INCREASE        
A 599   Unappropriated Fund Balance   $30,407.32
         
TRANSFER TO:        
         
 A-10-4-9001-00-.8820   Retirement   $2,431.11
A-10-4-9001-00-.8830   Workers Comp   $1,285.99
A-10-4-9001-00-.8810   FICA   $1,999.78
A-10-4-9001-00-.8850   Health Insurance   $12,549.44
A-08-4-1410-00-.1110   Assistant Deputy County Clerk   $26,141.00

MOTION TO TABLE by Legislator Purtell, seconded by Legislator Headwell, Jr., passed with Aye(9). (5/23/2017)

MOTION TO REMOVE FROM TABLE by Legislator Purtell, seconded by Legislator Isabel, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)

MOTION TO AMEND by Legislator Purtell, seconded by Legislator Wilson,

to strike the FURTHER RESOLVED clause and replace with:

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:     
     
 A-17-4-4310-00.1110 (302) Director of Community Services $16,635.23
     
TRANSFER TO:    
     
A-08-4-1410-00-.1110 (New) Assistant Deputy County Clerk $16,635.23

passed with Aye(6). Legislators Kelly and Headwell, Jr. voted Nay. Legislator Sweet was absent.(6/27/2017)

RESOLUTION VOTE, passed with Aye(5). Legislators Kelly, Dimond and Headwell, Jr. voted Nay. Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2017 OPERATING BUDGET AND ESTABLISHING THE POSITION OF ASSISTANT DEPUTY COUNTY CLERK


II. Justification:

 An Assistant Deputy County Clerk is necessary to process the work in a timely manner. This will be a competitive position.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to make appropriations and establish positions of employment.


IV. Financial Impact:

 $26,141 for remaining salary for 2017

Fringe benefits:
Social Security - $1,620.74
Medicare - $379.04
Worker's Comp - $1,285.99
Health Insurance - $12,549.44

Retirement- $2,431.11

 $41,810 + fringe benefits for 2018



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 147 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION ACCEPTING GRANT APPLICATION FOR MONTGOMERY COUNTY PUBLIC SAFETY EMERGENCY SERVICES FACILITY PROJECT - DEPARTMENT OF ENVIRONMENTAL CONSERVATION (ECONOMIC DEVELOPMENT & PLANNING)


Resolution by Legislator: Pepe
Seconded by: Isabel

WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) accepted applications through the Consolidated Funding Application (CFA) for projects that would further the goals and objectives of the Climate Smart Communities Grant Program and Regional Economic Development Councils Strategic Plans; and

WHEREAS, Montgomery County submitted an application through the 2016 CFA process for the Montgomery County Public Safety Emergency Services Facility project whereby the County could request up to 50% of the overall project cost; and

WHEREAS, the project requested funding of $671,571 in order to relocate the climate-vulnerable public safety emergency services facility out of the flood zone; and

WHEREAS, that said grant funding was awarded in the amount of $671,575 or 50% of the overall projected cost from the New York State Department of Environmental Conservation (NYSDEC); and

WHEREAS, the County Legislature through Resolution 142 of 2017 authorized bonding for said project.

RESOLVED, that the Montgomery County Department of Economic Development & Planning is hereby authorized to administer said application on behalf of Montgomery County; and

FURTHER RESOLVED, upon review of the provided contract with New York State Department of Environmental Conservation (NYSDEC) by the County Attorney, the County Executive is hereby authorized and directed to sign said contract for the grant funding.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes the County Executive to sign grant agreement with NYSDEC received to help fund the Public Safety Emergency Services Facility.


II. Justification:

Building the facility is a public safety necessity as the current facility is located in the Flood Zone.


III. Legislative Impact:

 Montgomery County Charter, the County Legislature is authorized to appropriate funds.


IV. Financial Impact:

This is a 50% matching grant.  The County Legislature per Bonding Resolution No. 142 of 2017 authorized expenditures of said funds for the project.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 148 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION IN SUPPORT OF AN APPLICATION THROUGH THE CONSOLIDATED FUNDING APPLICATION (CFA) 2017 ROUND THROUGH THE NEW YORK STATE DIVISION OF HOMES AND COMMUNITY RENEWAL, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MICROENTERPRISE PROGRAM BY MONTGOMERY COUNTY FOR A 2017 MONTGOMERY COUNTY AGRICULTURE MICROENTERPRISE PROGRAM


Resolution by Legislator: Headwell, Jr.
Seconded by: Wilson

WHEREAS, Montgomery County has an interest in the success of the local agriculture economy within the County; and

WHEREAS, Montgomery County recognizes the need for access to financial assistance to small agriculture businesses and agriculture start up businesses; and

WHEREAS, Montgomery County recognizes that the strength behind a local economy comes from a strong and thriving small business community; and

WHEREAS, Montgomery County desires to apply to the New York State Division of Homes and Community Renewal, Community Development Block Grant Microenterprise Program to assist small agriculture businesses and agriculture start up business in the community; and

WHEREAS, the funding is a 10% minimum owner equity match grant program; and

WHEREAS, the administration of any grant will be completed by the Department of Economic Development and Planning, 9 Park Street, PO Box 1500, Fonda, New York, 12068

NOW, THEREFORE LET IT BE RESOLVED, this the 27th day of June, 2017, that Montgomery County Legislature, authorize the County Executive to sign any documentation in relation to the grant, and hereby support the efforts of Montgomery County’s CFA application submission for the 2017 round.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Support Resolution for Submittal of Agriculture Microenterprise Grant.


II. Justification:

Agriculture Microenterprise Grant would provide grant opportunities for one of our largest industries.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

None.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 149 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION IN SUPPORT OF AN APPLICATION THROUGH THE CONSOLIDATED FUNDING APPLICATION (CFA) 2017 ROUND THROUGH THE NEW YORK STATE DIVISION OF HOMES AND COMMUNITY RENEWAL, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PUBLIC FACILITIES PROGRAM BY MONTGOMERY COUNTY FOR A 2017 OLD COURTHOUSE REHABILITATION PROJECT


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, Montgomery County is applying for funding for public facilities purposes through the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Public Facilities Program, and

WHEREAS, the Office of Community Renewal provides grants to public facilities in communities where benefits are provided principally to low-and moderate-income persons, and

WHEREAS, Montgomery County desires to apply to the New York State Division of Homes and Community Renewal, Community Development Block Grant Public Facilities Program for funding to assist in the rehabilitation of the historic Montgomery County courthouse and

WHEREAS, the funding is a no match ADA compliance grant program; and

WHEREAS, the administration of any grant will be completed by the Montgomery County Business Development Center, 9 Park Street, PO Box 1500, Fonda, New York, 12068

NOW, THEREFORE LET IT BE RESOLVED, this the 27th day of June, 2017, that Montgomery County Legislature, authorizes the County Executive to sign any documentation in relation to the grant, and hereby support the efforts of Montgomery County’s CFA application submission for the 2017 round.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes support of Consolidated Funding Application on behalf of the County for rehabilitation of the Old County Courthouse as it relates to ADA compliance issues.


II. Justification:

Old County Courthouse currently isn't fully ADA compliant and said funding would address some of those current deficiencies.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive is authorized to sign contracts.


IV. Financial Impact:

None.  Funding source is a no match ADA compliance grant program.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 150 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION ACCEPTING GRANT APPLICATION FOR MONTGOMERY COUNTY CHARGING STATION PROJECT AND AMENDING 2017 OPERATING BUDGET-DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DPW)


Resolution by Legislator: Isabel
Seconded by: Dimond

WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) accepted applications for zero emission vehicle projects and clean vehicle infrastructure projects; and

WHEREAS, Montgomery County submitted an application through the 2016 Zero-Emission Vehicle (ZEV) and Infrastructure Municipal Rebate Program for the Montgomery County Charging Station project; and

WHEREAS, the project requested funding in order to install a two-port electric vehicle charging station at the Montgomery County Public Safety Facility building; and

WHEREAS, that said grant funding was awarded in the amount of $15,231.16 from the NYS Department of Environmental Conservation with a County share of $3,633 in in-kind services;

RESOLVED, that the Montgomery County Department of Economic Development & Planning and the Department of Public Works are hereby authorized to administer said application on behalf of Montgomery County; and

FURTHER RESOLVED, upon review of the provided contract with NYS Department of Environmental Conservation by the County Attorney, the County Executive is hereby authorized to sign said contract, and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

INCREASE REVENUES:     
A-12-3-3089-00  State Aid - Other $15,232.00
INCREASE APPROPRIATIONS:     
A-12-4-1620-00.-2260  Other Equipment $14,232.00
A-12-4-1620-00.-4438  Misc. Supporting Services  $1,000.00

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution accepts grant application for an electric vehicle charging stating at the Public Safety and amends 2017 operating budget to accept grant funds and appropriate those funds to the project.


II. Justification:

Montgomery County was awarded a grant application for a charging station project and the 2017 operating budget needs to be amended in order to undertake said project.


III. Legislative Impact:

Pursuant to the Charter the Montgomery Legislature as the authority to appropriate funds.


IV. Financial Impact:

None.  Grant funds recieved will offset appropriations.  The $3,633 as part of the match is in the form of in-kind services.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 151 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION ACCEPTING FUNDING & AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR THE CHILDREN WITH SPECIAL HEALTH CARE NEEDS (CSHCN) GRANT (PUBLIC HEALTH)


Resolution by Legislator: Purtell
Seconded by: Pepe

WHEREAS, the Montgomery County Public Health Department has been awarded a  contract for continued grant funding for the Children with Special Health Care Needs (CSHCN) Program for the period October 1, 2017 – September 30, 2020, and

WHEREAS, the grant award amount for each year of the 3-year grant contract period is $18,573 per year,

RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the CSHCN grant funding, and

FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized to sign said grant contract. 

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To accept funding and authorize contract with the NYS Department of Health (NYSDOH) for continued Children With Special Health Care Needs (CSHSN) grant funding


II. Justification:

NYSDOH has awarded the Montgomery County Public Health Department with a contract for continued CSHCN grant funds.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

CSHCN Program grant funding will be discontinued without acceptance and authorization of the NYSDOH contract to continue grant funding for the period October 1, 2017 – September 30, 2020.  This funding currently offsets the costs to provide NYSDOH mandated family health program educational services including the annual administration fees to maintain the Montgomery County Public Health smartphone APP which provides families of children with special needs valuable & easily accessible resource information.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 152 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING 2017 OPERATING BUDGET – NYSDOH 2017 LOCAL HEALTH DEPARTMENT PERFORMANCE INCENTIVE AWARD (PUBLIC HEALTH)


Resolution by Legislator: Kelly
Seconded by: Dimond

WHEREAS, the Montgomery County Public Health Department participated in the New York State Department of Health (NYSDOH) Local Health Department Performance Incentive Initiative focused on timeliness and completeness of communicable disease reports and investigations in 2016, and

WHEREAS, the Montgomery County Public Health Department maintained exceptional timeliness and completeness of disease reports and investigations during the performance period, and 

WHEREAS, the NYSDOH has awarded the Montgomery County Public Health Department incentive funding in the amount of $12,000 based on the achieved performance,

RESOLVED,  that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2017 Operating Budget as follows:

INCREASE REVENUES:     
A-16-3-3401-00  State Aid - Public Health $12,000.00
INCREASE APPROPRIATIONS:     
A-16-4-4010-00-.4491  Advertising $6,000.00
A-16-4-4010-00-.4526  Education Programs $6,000.00

 

  

           

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To accept award and amend Article 6 State Aid appropriations and revenues in the  2017 Operating Budget – NYSDOH 2017 Local Health Department Performance Incentive Award


II. Justification:

NYSDOH has granted an additional funding award to the Montgomery County Public Health Department.  Funds are to be utilized to continue to support Article 6 State Aid eligible programs.


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Total appropriations will be offset by an equivalent amount of additional revenue, therefore there is no financial impact other than making the awarded funds available in the current year’s budget.  Awarded funds must be accepted and appropriated in the current 2017 budget in order to be utilized to support eligible program services.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 153 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING 2017 OPERATING BUDGET – PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT CARRY OVER FUNDS (PUBLIC HEALTH) 


Resolution by Legislator: Kelly
Seconded by: Wilson

WHEREAS, the Montgomery County Legislature accepted Public Health Emergency Preparedness Funds (PHEP) Grant funds per Resolution 114 of 2016, and

WHEREAS, the 2016-17 IAP Grant funds, for the period July 1, 2016 – June 30, 2017,  were appropriated in the 2016 Public Health budget, and

WHEREAS, there are unexpended 2016-17 PHEP Grant funds available for carry-over to the 2017 Public Health budget,

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2017 Operating Budget as follows:

INCREASE REVENUES:     
A-16-3-3401-06  Public Health Grant - PHEP Grant $3,995.00
INCREASE APPROPRIATIONS:     
A-16-4-4010-06-.4408  Public Health Grant - Office Supplies  $293.00 
A-16-4-4010-06-.4411   Public Health Grant - Telephone Expense $227.00 
A-16-4-4010-06-.4425 Public Health Grant - Maintenance Agreements $1405.00 
A-16-4-4010-06-.4470  Public Health Grant - Travel Related Expense $300.00 
A-16-4-4010-06-.4471 Public Health Grant - Mileage $620.00
A-16-4-4010-06-.4491 Public Health Grant - Advertising $1150.00

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To carry over of unspent 2016 grant funds to the current 2017 budget.


II. Justification:

To utilize available Public Health Emergency Preparedness (PHEP) grant funds for approved NYSDOH expenditures.


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Unexpended 2016-17 PHEP Grant funds are available for carry-over to the 2017 Public Health budget. All increased grant expenditures will be offset by these carry-over funds.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 154 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET (SHERIFF)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, the Sheriff received approval for grant funding from DCJS for the "Police Protective Equipment Program" totaling $13,122; and

WHEREAS, the funding from this program will provide patrol rifles, ballistic vests and helmets for the Montgomery County Sheriff's Office, Amsterdam Police Department, Canajoharie Police Department, Fort Plain Police Department and the St. Johnsville Police Department; and

WHEREAS, quotes have been requested and received for the equipment and the lowest quote was received from Atlantic Tactical; and 

WHEREAS, there are no matching funds required to purchase this equipment; and 

RESOLVED, that the Montgomery County Treasurer is authorized and directed to amend the 2017 Operating Budget as follows:

INCREASE REVENUES:     
A-15-3-3389.14  Other Public Safety $13,122
INCREASE APPROPRIATIONS:     
A-15-4-3110-00-.2250  Technical Equipment  $13,122

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Equipment Quote

Statement of Legislative and Financial Impact:

I. Nature of Request:

To purchase through grant funding enhanced equipment to equip police agencies throughout the county to utilize when responding to an active shooter incident, terrorist attack or other such criminal events. 


II. Justification:

This equipment will provide the police agencies in the county with the needed resources to respond to certian incidents. 


III. Legislative Impact:

Persuant to Article 2 of the Charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

None to the County other then upkeep of the equipment assigned to the County.   



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 155 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING 2017 OPERATING BUDGET - MANDATED SALARY INCREASE (DISTRICT ATTORNEY)


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, the District Attorney salary for the year 2017 has been increased to coincide with the raises for the judiciary effective April 1, 2017; and

WHEREAS, the District Attorney's current salary is $183,350.00 and will change to $185,147.00 retroactive to April 1, 2017.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

INCREASE:     
A599 Appropriated Fund Balance $1,797.00
INCREASE APPROPRIATIONS:    
A-25-4-1165-00-.1100 (965)  District Attorney $1,797.00

MOTION TO AMEND by Legislator Dimond, seconded by Legislator Purtell, to strike the RESOLVED clause and replace with:

TRANSFER FROM:     
A-25-4-1165-00-.4471 Mileage Allocations $1,797.00
TRANSFER TO:    
A-25-4-1165-00-.1100 (965)  District Attorney $1,797.00

passed with Aye(7). Legislator Kelly voted Nay. Legislator Sweet was absent.(6/27/2017)

RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To amend the 2017 Operating Budget for the mandated salary increase for the District Attorney.


II. Justification:

Under Judiciary Law §183-1, full-time district attorneys are to receive the same salary as the county judge of the county in which he/she serves.

Under legislation by the State of New York taking effect April 1, 2017, the county judge salary is fixed at $185,147, meaning the district attorney salary will coincide with said county judge salary in the amount of $185,147.


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

$1,797.00 to come from the County Fund Balance.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 156 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT – 2017 RESOURCE ALLOCATION PLAN AND AMENDING 2017 OPERATING BUDGET (YOUTH, ATI & VETERANS’ SERVICES)


Resolution by Legislator: Wilson
Seconded by: Purtell

WHEREAS, the 2017-2018 New York State budget appropriated state-wide Youth Development Program funding for calendar year 2017, and

WHEREAS, per the New York State Office of Children and Family Services (NYS OCFS), the objective of the State funding is to prevent youth from involvement in the juvenile justice system, child welfare system or being chronically dependent on other human services system, and

WHEREAS, NYS OCFS is required by the State Legislation to use the number of children and youth residing in a County aged 0 to 20 years (less than 21 years) and data from the most recent 2010 national census to determine a percentage of the state-wide allocation for each County, and

WHEREAS, the NYS OCFS has allocated $49,960.00 to Montgomery County for 2017 Youth Development Program funding, and 

WHEREAS, the 2017 Montgomery County operating budget appropriated funds in the amount of $50,607.00 in the Department of Youth, ATI and Veterans’ Services for Youth Development Program funding, and

WHEREAS, Montgomery County must submit a signed Resource Allocation Plan (RAP) to the NYS OCFS as a required component of the approved 2012-2017 Children and Family Services Plan, and

WHEREAS, by signing and submitting the RAP, Montgomery County will qualify for State reimbursement for the 2017 program year for funds allocated and paid to Youth Development Programs within the County totaling $49,960.00 as recommended by the Executive Director of Department of Youth, ATI and Veterans Services and approved by the Montgomery County Youth Board;

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney, to sign the Resource Allocation Plan (RAP) agreement with the NYS Office of Children and Family Services.

BE IT FURTHER RESOLVED that the County Treasurer is herby authorized and directed to amend the 2017 Operating Budget as follows:

DECREASE REVENUES:     
A-21-3-3830  Youth Programs $647.00
     
DECREASE APPROPRIATIONS:     
A-21-4-7310-00.-4585  Youth Development Programs $647.00

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorize County Executive to sign the Resource Allocation Plan with NYS OCFS in order to receive state reimbursement monies disignated for positive youth development in Montgomery County and also to authorize County Treasurer to amend the 2017 operating budget to reflect an decrease in the funding amount. 


II. Justification:

Authorize County Executive to sign the Resource Allocation Plan with NYS OCFS in order to receive state reimbursement monies disignated for positive youth development in Montgomery County and also to authorize County Treasurer to amend the 2017 operating budget to reflect a decrease in the funding amount. 


III. Legislative Impact:

The County Executive has the power to sign the RAP agreement pursuant to Article 3 of the Charter.


IV. Financial Impact:

Authorize the County Executive to sign the Resource Allocation Plan with NYS OCFS in order to receive state reimbursement monies designated for positive youth development in Montgomery County. 



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 157 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING BUDGET WITH FORFEITURE MONIES (DISTRICT ATTORNEY)


Resolution by Legislator: Purtell
Seconded by: Pepe

WHEREAS, forfeiture monies from drug related cases in the amount of $514.11 has been deposited with the Montgomery County Treasurer; and

WHEREAS, said forfeiture monies are to be used to purchase equipment for various law enforcement agencies throughout Montgomery County, it is

RESOLVED, that the Montgomery County Treasurer is hereby authorized to amend the 2017 Operating Budget as follows:

INCREASE REVENUES:     
A-25-4-1165-00-.2626  Forfeiture Crime Proceeds - Restricted $514.11
INCREASE APPROPRIATONS:    
A-25-4-1165-00-.4522 DA/Law Enforcement Program  $514.11

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To use forfeiture money from drug related prosecutions in Montgomery County to purchase equipment and provide money for training for law enforcement agencies throughout Montgomery County.


II. Justification:

Law enforcement agencies throughout Montgomery County can benefit from using forfeiture money to purchase much needed equipment and attend training without any cost to the County of Montgomery.


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations


IV. Financial Impact:

Forfeiture monies from drug related cases in the amount of $514.11 has been deposited with the Montgomery County Treasurer which must to be used to purchase equipment for various law enforcement agencies throughout Montgomery County.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 158 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET (STOP-DWI)


Resolution by Legislator: Wilson
Seconded by: Pepe

WHEREAS, Resolution No. 137 of 2010 states that Montgomery County offers employees and the general public an online Defensive Driving course, and

WHEREAS, Resolution No. 137 of 2010 also states that all profits from the online Defensive Driving course will be contributed to the STOP-DWI Scholarship program, and

NOW, THEREFORE BE IT RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

INCREASE REVENUES:     
A-32-3-2705  Gifts and Donations $147.00
     
INCREASE APPROPRIATIONS:     
A-32-4-3315-00-.4526  Education Programs $147.00

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AMEND THE 2017 OPERATING BUDGET


II. Justification:

FUNDS NEEDED FOR STOP-DWI SCHOLARSHIP


III. Legislative Impact:

PURSUANT TO ARTICLE 2 OF THE CHARTER, THE MONTGOMERY COUNTY LEGISLATURE CAN MAKE APPROPRIATIONS.


IV. Financial Impact:

INCREASE REVENUES $147.00

INCREASE APPROPRIATIONS $147.00



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 159 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET TO TRANSFER FUNDS FOR YOUTH DAY-2017 (YOUTH, ATI & VETERANS)


Resolution by Legislator: Kelly
Seconded by: Purtell

WHEREAS, Youth Day-2017 is scheduled to take place on July 11, 2017 on the grounds surrounding the County Annex Building, and

WHEREAS, funds have been secured to assist with Youth Day expenses through donation and grant requests, and

WHEREAS, the donations and grants received are needed to cover Youth Day expenses.

NOW THEREFORE BE IT RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

INCREASE REVENUES:     
A-21-3-7310-00-.2705  Gifts and Donations $1,000.00
     
INCREASE APPROPRIATIONS:     
A-21-4-7310-00.-4559  Outreach Programs $1,000.00

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AMEND THE 2017 OPERATING BUDGET FOR YOUTH DAY EXPENSES.


II. Justification:

DONATIONS AND GRANTS ARE SOUGHT TO ASSIST WITH YOUTH DAY EXPENSES TO ALLEVIATE COSTS TO COUNTY.


III. Legislative Impact:

PURSUANT TO ARTICLE 2 OF THE CHARTER, THE LEGISLATURE HAS THE AUTHORITY TO MAKE APPROPRIATIONS. 


IV. Financial Impact:

DONATIONS AND GRANTS ARE SOUGHT TO ASSIST WITH YOUTH DAY EXPENSES.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 160 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION ESTABLISHING THE POSITION OF CLERK TYPIST (PT) AND ELIMINATING THE POSITION OF SENIOR CLERK TYPIST (PUBLIC DEFENDER)


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, the Montgomery County Public Defender's Office has been awarded and approved by Resolution 170 of 2016 to accept funding for a three year grant through the Indigent Legal Services, Grant Distribution 6; and

WHEREAS, the grant accepted by Resolution 170 of 2016 funded a full-time Clerk Typist.

WHEREAS, the 2017  Operating Budget funded the position of Senior Clerk Typist (A-28-4-1170-06-.1110 (1000) to use these grant funds; and

WHEREAS, after reviewing the needs of the Department with Personnel, it has been determined that the title of Clerk Typist (PT) would be more appropriate; and

RESOLVED, that the Montgomery County Legislature hereby eliminates the position of Senior Clerk Typist; and

FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes and creates the title of Clerk Typist (PT); and

FURTHER RESOLVED, that the Montgomery County Treasurer is directed to amend the 2017 Operating Budget as follows:

 

TRANSFER FROM:     
A-28-4-1170-06-.1110 (1000) Senior Typist $18,000.00
TRANSFER TO:     
A-28-4-1170-06-.1120 (NEW)  Clerk Typist $18,000.00

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution requesting a change in title in the Public Defender's Office from Senior Clerk Typist to Clerk Typist (PT).


II. Justification:

The position of Clerk Typist (PT) can better fill the needs of the Department.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to establish positions of employment.


IV. Financial Impact:

This resolution would not require any additional funding by the Legislature. Funding for the part time position was included in the 2017 Operating Budget. The part time position should be fully funded through the grant. However, a title change is required to meet the needs of the Department.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 161 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AGREEMENT WITH JMZ ARCHITECTS AND PLANNERS, P.C. TO PREPARE DESIGN PLANS AND BID SPECIFICATIONS FOR THE PROPOSED FMCC CAMPUS BATHROOMS AND LOCKER ROOMS PROJECT


Resolution by Legislator: Headwell, Jr.
Seconded by: Wilson

WHEREAS, last year, Fulton-Montgomery Community College submitted to Fulton and Montgomery Counties a 2017 Capital Project request for a FMCC Campus Bathrooms and Locker Rooms Project, and 

WHEREAS, the project would involve renovating aged out and deteriorated campus bathrooms and locker rooms, and 

WHEREAS, there are no Fulton or Montgomery County dollars included in the funding for this project. Funding would come from the following: 

                        SUNY                         :           $1,100,000      :           50%

                        FMCC Foundation      :           $1,100,000      :           50%

 And 

WHEREAS, FMCC desires to commence the design work on this project now in order to have bidding documents ready by early 2018. The project would be publicly bid in early 2018. Construction would start at the end of the spring 2018 semester and be completed prior to the start of the fall, 2018 semester. 

RESOLVED, that the County Executive be and is hereby authorized and directed to execute an Agreement with JMZ Architects and Planners, PC in an amount not to exceed $147,600; and be it further 

RESOLVED, that this resolution is contingent upon the passage of a similar resolution by the Fulton County Board of Supervisors; and be it further 

RESOLVED, that certified copies of this Resolution be forwarded to the Fulton County Board of Supervisors, Fulton-Montgomery Community College & FMCC Foundation.

 

 

 

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AGREEMENT WITH JMZ ARCHITECTS AND PLANNERS, P.C. TO PREPARE DESIGN PLANS AND BID SPECIFICATIONS FOR THE PROPOSED FMCC CAMPUS BATHROOMS AND LOCKER ROOMS PROJECT


II. Justification:

Need identified in the College’s 2012-2018 Master Plan and 50% matching funds have been obtained from a donor.


III. Legislative Impact:

Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

Part of the 2012 - 2018 master plan and 50% matching funds from a donor



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 162 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON FMCC’S PROPOSED 2017-18 BUDGET


Resolution by Legislator: Purtell
Seconded by: Headwell, Jr.

WHEREAS, the Fulton-Montgomery College Board of Trustees has presented its sponsoring counties with a 2017-18 budget request; and

WHEREAS, a public hearing related to the adoption of said FMCC budget is required prior to approval of said budget by its sponsoring counties.

RESOLVED, the Montgomery County Legislature hereby approves the scheduling of a Public Hearing on the proposed 2017-18 Budget of Fulton-Montgomery Community College for July 25, 2017 at 6:55 pm in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, NY 12068; and

FURTHER RESOLVED, the Clerk of the Montgomery County Legislature hereby is directed to cause legal notice of said public hearing to be published according to local law.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Establishing Public Hearing - FMCC 2017-18 Budget


II. Justification:

A public hearing related to the adoption of said FMCC budget is required prior to approval of said budget by its sponsoring counties


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authorization of budgets.


IV. Financial Impact:

No increase in sponsor county contribution.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 163 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBER TO THE AUDIT COMMITTEE  (COUNTY LEGISLATURE)


Resolution by Legislator: Dimond
Seconded by: Wilson

WHEREAS, pursuant to Section 2.10 of the Montgomery County Charter and Section 2.03 (A) xiv of the Rules of Procedure of the Montgomery County Legislature, there shall be an Audit Committee composed of the Chairperson of the Legislature, the Chairperson of the Standing Committee on Budget & Finance and one additional Legislator; and

WHEREAS, the Montgomery County Legislature appoints a member each month to fill the position of the additional Legislator on the Audit Committee; and

RESOLVED, Legislator Robert Headwell, Jr. is hereby appointed to serve on the Audit Committee for the months of July & August 2017.

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. abstained. Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

 APPOINTING MEMBER TO THE AUDIT COMMITTEE  


II. Justification:

The Legislature has chosen to make appointments to fill the third position on the Audit Committee.


III. Legislative Impact:

Pursuant to Section 2.10 of the Montgomery County Charter and Section 2.03 (A) xiv of the Rules of Procedure of the Montgomery County Legislature, there shall be an Audit Committee composed of the Chairperson of the Legislature, the Chairperson of the Standing Committee on Budget & Finance and one additional Legislator.


IV. Financial Impact:

To ensure that there is no negative impact of the Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 164 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Headwell, Jr.
Seconded by: Purtell

WHEREAS, pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment; and

WHEREAS, the Audit Committee has audited claims for the period of May 24, 2017 through June 27, 2017 and recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

RESOLVED, after examination and review of the claims by the Audit Committee, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Abstract of Audited Claims - June 27, 2017

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

Pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment.


III. Legislative Impact:

Pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committeee claims as audited are approved and presented to the Board for approval of payment.


IV. Financial Impact:

Budget neutral



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 165 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A RELEASE WITH GALLAGHER BASSET, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AND MCKEE RISK MANAGEMENT (COUNTY LEGISLATURE)


Resolution by Legislator: Headwell, Jr.
Seconded by: Purtell

WHEREAS, on July 9, 2016 a lightning strike at the jail caused damage to the Montgomery County Jail; and

WHEREAS, a release has been negotiated to settle all claims for the lightning damage.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive is hereby authorized and directed to execute a release with Gallagher Basset, National Fire Insurance Company of Hartford and McKee Risk Management for $200,000 in exchange for a release of all claims  for satisfaction of rights associated with the July 9, 2016 lightning strike at the jail.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizing the County Executive to sign a release with Gallagher Basset, National Fire Insurance Company of Hartford and McKee Risk Management to satisfy claims associated with the July 9, 2016 lightning strike.


II. Justification:

This will settle claims associated iwth the July 9, 2016 lightning stike.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executie has the authority to sign contracts.


IV. Financial Impact:

Will result in $200,000 coming back to the County.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 166 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING ACCEPTANCE OF REPORT AND RELEASE OF MOSA RECEIVER, AND DISTRIBUTIONS TO MONTGOMERY, OTSEGO and SCHOHARIE COUNTIES AND RECEIVER  (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, the Montgomery, Otsego, Schoharie Solid Waste Authority (MOSA) was dissolved as of April 30, 2014 pursuant to Public Authorities Law section 2014-w and resolution of the MOSA Board of Directors; and

WHEREAS, Public Authorities Law section 2014-w provides as follows:

“Any accounts payable and receivable, and any claims, obligations or other liabilities remaining unsettled or unresolved at the date of dissolution shall be assigned to a receiver to be appointed by the authorities’ budget office. Unless otherwise agreed by the counties and the authorities’ budget office, such receiver shall be selected from a list of qualified persons maintained by the office of court administration and the compensation and conduct of such receiver shall be governed by the rules of the chief judge. Said receiver shall be authorized to pay, collect, settle or resolve all such accounts, claims, obligations and liabilities in accordance with law, and to defend and maintain actions at law with respect thereto in the name of the authority,” and

WHEREAS, Montgomery, Schoharie and Otsego Counties (“the Counties”) mutually agreed that the Otsego County Treasurer would serve as the Receiver (“Receiver”); and

WHEREAS, the Counties and the Receiver are desirous of wrapping up the assets and liabilities that were unsettled or unresolved at the date of dissolution, and receiving distributions of the amounts owing to each; and

WHEREAS, the Receiver has notified the Counties that all accounts and liabilities have been resolved with the exception of a few accounts receivable described in his report which is on file with the Clerk of the Legislature and the County Treasurer; and

WHEREAS, the Counties have agreed to accept the Receiver's report in leui of a formal audit; now, therefore, be it

RESOLVED, as follows:

  1. Montgomery County acknowledges receipt and review of a report from the Receiver consisting of a letter dated March 27, 2017 and attachments referenced in said letter, and a summary of the assets remaining in the hands of the Receiver as well as the accounts receivable uncollected as of the date of the report (hereafter “Report” on file with the Clerk of the Montgomery County Legislature).
  2. Montgomery County agrees that the Report contains a true accounting of the accounts payable and receivable, and any claims, obligations or other liabilities that remained unsettled or unresolved at the date of dissolution and were turned over to the Receiver.   In addition, Montgomery County agrees that the Report also provides a detailed account of all actions and transactions undertaken by the Receiver from May 1, 2014 to March 27, 2017.
  3. Montgomery County accepts the Receiver's report in leiu of a formal audit.
  4. Montgomery County agrees that the remaining accounts receivable, totaling less than $20,000 will be turned over to legal counsel for collection if feasible. The Receiver will retain $5,000 to offset reasonable expenses incurred in the collection process. The Receiver is authorized to exercise his best judgment in determining the collectability of the accounts and whether to compromise the amounts due. Upon resolution of these accounts, Montgomery County agrees to accept a letter report of the Receiver and agrees that any net amount collected by the Receiver along with unexpended retained funds will be distributed to the Counties according to the percentages established.
  5. Montgomery County approves and accepts the Report of the Receiver and agrees that the assets remaining in the hands of the Receiver are as listed in the Report, and that distributions be made as follows:

Otsego County

$315,112.89

Receiver (Otsego County Treasurer’s Office)

$ 72,861.00

Montgomery County

$286,304.54

Schoharie County

$138,488.40

RESOLVED, that the Montgomery County Executive is hereby authorized to sign the approval of the Receiver’s Report and Release of the Receiver; and

BE IT FURTHER RESOLVED that Montgomery County consents to the distributions to the Counties and the Receiver as listed above.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING ACCEPTANCE OF REPORT AND RELEASE OF MOSA RECEIVER, AND DISTRIBUTIONS TO MONTGOMERY, OTSEGO and SCHOHARIE COUNTIES AND RECEIVER 


II. Justification:

Counties and the Receiver are desirous of wrapping up the assets and liabilities that were unsettled or unresolved at the date of dissolution, and receiving distributions of the amounts owing to each from the dissolution of MOSA.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

$286,304.54 to be received by Montgomery County plus any additional funds, at the established percentage, from the collection of outstanding accounts receivable.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 167 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF MONTGOMERY COUNTY, NEW YORK, TO BE DESIGNATED SUBSTANTIALLY “MONTGOMERY COUNTY, NEW YORK REFUNDING (SERIAL) BONDS, 2017”, AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY


Resolution by Legislator: Purtell
Seconded by: Dimond

WHEREAS, the County of Montgomery, New York (hereinafter, the “County”) heretofore issued an aggregate principal amount of $7,686,500 General Obligation (Serial) Bonds, 2008 (the “2008 Bonds”), pursuant to various bond resolutions to finance the cost of certain infrastructure improvements and the purchase of certain vehicles and equipment within the County, and a Certificate of Determination of the Treasurer of the County (hereinafter referred to as the “2008 Refunded Bond Certificate”), such 2008 Bonds being dated September 1, 2008 and maturing or matured on August 1 annually, as more fully described in the 2008 Refunded Bond Certificate (the “Refunded Bonds”); and 

WHEREAS, it would be in the public interest to refund a portion of the $5,165,000 outstanding principal balance of the 2008 Bonds the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law; and 

WHEREAS, each of such refunding will individually result in present value savings in debt service if so required by Section 90.10 of the Local Finance Law; 

NOW, THEREFORE, BE IT RESOLVED, by the County Legislature of Montgomery County, New York, as follows: 

Section 1.        For the object or purpose of refunding the $4,295,000 outstanding aggregate principal balance of the Refunded Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, and (iv) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $4,350,000 refunding serial bonds of the County (the “Refunding Bonds”) pursuant to the provisions of Section 90.10 of the Local Finance Law, it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $4,350,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The County Refunding Bonds shall each be designated substantially “MONTGOMERY COUNTY, GENERAL OBLIGATION REFUNDING (SERIAL) BOND, 2017” together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually from 2017 through 2026, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the County Treasurer pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series and (b) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds. 

Section 2.        The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the County Treasurer shall prescribe, which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the County by lot in any customary manner of selection as determined by the County Treasurer. Notice of such call for redemption shall be given by mailing such notice to the registered owners not less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No. 34-23856, as the same may be amended from time to time. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date. 

The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non-certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities depository for the bonds in accordance with the Book-Entry-Only system of DTC. In the event that either DTC shall discontinue the Book-Entry-Only system or the County shall terminate its participation in such Book-Entry-Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non-certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book-Entry-Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the County clerk as Fiscal Agent as hereinafter provided).

In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the County maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or first business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the County Treasurer providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the County Treasurer as fiscal agent of the County for the Refunding Bonds (the “Fiscal Agent”).

Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. 

Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. 

The County Treasurer, as chief fiscal officer of the County, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said County, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the County, regardless of whether the Refunding Bonds are initially issued in certificated or non-certificated form; provided, however, that the County Treasurer is also hereby authorized to name the County Clerk as the Fiscal Agent in connection with the Refunding Bonds if said Refunding Bonds are issued in non-certificated form. 

The County Treasurer is hereby further delegated all powers of this County Board of Supervisors with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. 

The Refunding Bonds shall be executed in the name of the County by the manual or facsimile signature of the County Treasurer, and a facsimile of its corporate seal shall be imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the County Treasurer shall determine. It is hereby determined that it is to the financial advantage of the County not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent.

Section 3.        It is hereby determined that: 

(a)        the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by Section 90.10 of the Local Finance Law; 

(b)        the maximum period of probable usefulness permitted by law at the time of the issuance of the respective Refunded Bonds, for each of the objects or purposes for which such respective Refunded Bonds were issued is fifteen years; 

(c)        the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of each of the objects or purposes for which said respective Refunded Bonds were issued in accordance with the provisions of Section 90.10 of the Local Finance Law; 

(d)       the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, if any, computed in accordance with the provisions of Section 90.10 of the Local Finance Law, with regard to each of the series of Refunded Bonds, is as shown in the Refunding Financial Plan described in Section 4 hereof. 

Section 4.        The financial plan for the refunding authorized by this resolution (collectively, the “Refunding Financial Plan”), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, is set forth in Exhibit A attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in a single series to refund all of the Refunded Bonds in the principal amount of [$5,165,000], and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on Exhibit A attached hereto and made a part of this resolution. This County Board recognizes that the Refunding Bonds may be issued in series, and for only one or more of the Refunded Bonds, or portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the County will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit A. The County Treasurer is hereby authorized and directed to determine which of the Refunded Bonds will be refunded and at what time, the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the County Treasurer; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The County Treasurer shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the County Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. 

Section 5.        The County Treasurer is hereby authorized and directed to enter into an escrow contract or contracts (collectively the “Escrow Contract”) with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Treasurer shall designate (collectively the “Escrow Holder”) for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. 

Section 6.        The faith and credit of the County of Montgomery, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall be annually levied on all the taxable real property in said County a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. 

Section 7.        All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the County to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the County irrespective of whether such parties have notice thereof. 

Section 8.        Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the County shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to he an “arbitrage bond” as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder.

Section 9.        In accordance with the provisions of Section 53.00 and of Section 90.10 of the Local Finance Law, the County hereby elects to call in and redeem each series of Refunded Bonds which the County Treasurer shall determine to be refunded in accordance with the provisions of Section 4 hereof and with regard to which the right of early redemption exists. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, as provided in the Refunded Bond Certificate, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the County in the manner and within the times provided in the Refunded Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. 

Section 10.      The Refunding Bonds shall be sold at private sale to Roosevelt & Cross Incorporated (the “Underwriter”) for purchase prices to be determined by the County Treasurer, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. The County Treasurer is hereby authorized to execute and deliver a purchase contract or similar agreement for the Refunding Bonds in the name and on behalf of the County providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the County Treasurer to the Underwriter in accordance with said purchase contract in accordance with the terms of the agreement therewith upon the receipt by the County of said purchase price, including accrued interest. 

Section 11.      The County Treasurer and all other officers, employees and agents of the County are hereby authorized and directed for and on behalf of the County to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. 

Section 12.      All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the County Treasurer and all powers in connection thereof are hereby delegated to the County Treasurer. 

Section 13.      The validity of the Refunding Bonds may be contested only if: 

  1. Such obligations are authorized for an object or purpose for which said County is not authorized to expend money, or 
  2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 
  3. Such obligations are authorized in violation of the provisions of the Constitution.   

Section 14.  This resolution, which takes effect immediately, or a summary thereof, shall be published in the official newspapers of said County, together with a notice of the County Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorization to do a refunding of bonds originally issued in 2006.


II. Justification:

The Bonds are callable at this time and some significant savings can be realized if refunded


III. Legislative Impact:

Pursuant to law, a 2/3 majority of the Legislature is needed for all Bond Resolutions


IV. Financial Impact:

The current value saving that can be realized is in excess of $324,000 over the remaining terms of these bonds if refunded.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 168 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION SUPPORTING ASSEMBLY BILL A07935 WHICH ENACTS LEGISLATION TO EXTEND CERTAIN PROVISIONS OF THE TAX LAW AND OTHER LAWS RELATING THERETO; RELATES TO EXTENDING FOR TWO YEARS THE AUTHORIZATION OF ADDITIONAL SALES AND USE TAX FOR THE COUNTY OF MONTGOMERY FROM NOVEMBER 30, 2017 UNTIL NOVEMBER 30, 2019


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, in 2003 the NYS Legislature empowered the County of Montgomery to raise an additional 1% sales tax; and

WHEREAS, such authorization is due to expire November 30, 2017; and

WHEREAS, this additional sales tax revenue has been critical to the fiscal well-being of Montgomery County; and

WHEREAS, Assembly Bill  A07935 would extend certain provisions of the tax law to extend authorization of additional sales and use tax for the County of Montgomery from November 20, 2017 until November 30, 2019.

RESOLVED, that the Montgomery County Legislature hereby supports and advocates for the passage of A07935 and a Senate Bill amending sections of the NYS Tax Law to reauthorize the additional 1%  sales tax through November 30, 2019.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION SUPPORTING ASSEMBLY BILL A07935 WHICH ENACTS LEGISLATION TO EXTEND CERTAIN PROVISIONS OF THE TAX LAW AND OTHER LAWS RELATING THERETO; RELATES TO EXTENDING FOR TWO YEARS THE AUTHORIZATION OF ADDITIONAL SALES AND USE TAX FOR THE COUNTY OF MONTGOMERY FROM NOVEMBER 30, 2017 UNTIL NOVEMBER 30, 2019


II. Justification:

This additional sales tax revenue is critical to the fiscal well-being of Montgomery County


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature is the has the authority to exercise all powers of local legislation.


IV. Financial Impact:

There should be no financial impact to Montgomery County for passing this resolution.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 169 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION SUPPORTING SENATE BILL S6827 AN ACT TO AMEND THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, IN RELATION TO RENAMING RIVERBANK STATE PARK; TO AUTHORIZE THE RENAMING OF THE NATIONAL PURPLE HEART HALL OF HONOR; TO AUTHORIZE THE RENAMING OF, IN WHOLE OR IN PART, THE NEW WINDSOR CANTONMENT STATE HISTORIC SITE; TO AMEND THE HIGHWAY LAW, IN RELATION TO DESIGNATING CERTAIN PORTIONS OF THE STATE HIGHWAY SYSTEM AS THE "SENATOR WILLIAM J. LARKIN, JR. HIGHWAY"; AND TO AMEND THE PUBLIC AUTHORITIES LAW, ENVIRONMENTAL CONSERVATION LAW AND THE HIGHWAY LAW, IN RELATION TO NAMING THE GOVERNOR MARIO M. CUOMO BRIDGE


Resolution by Legislator: Dimond
Seconded by: Headwell, Jr.

WHEREAS, the Montgomery County Legislature hereby supports Senate Bill S6827 an act to amend the parks, recreation and historic preservation law; and

WHEREAS, Senate Bill S6827 would rename the Riverbank State Park, located on the upper west side of Manhattan, as the "Assemblyman Herman D. Farrell, Jr. State Park"; and

WHEREAS,  Senate Bill S6827  would add a new Section 344-g to the Highway Law to rename a portion of state route 300 as the "Senator William J. Larkin, Jr. Highway"; and

WHEREAS, Senate Bill S6827  would allow the Commissioner of the Office of Parks, Recreation and Historic Preservation to take all steps necessary to obtain the authorization of the Palisades  Interstate Park Commission to rename the National Purple Heart Hall of Honor and adjacent parkland in honor of Senator William J. Larkin, Jr.; and

WHEREAS, Senate Bill S6827  would amend various provisions of the Public Authorities Law, the Environmental Conservation Law and the Highway Law to name the crossing over the Hudson River to the "Governor Mario M. Cuomo Bridge". 

RESOLVED, that the Montgomery County Legislature hereby endorses and supports Bill S6827 and encourages adoption of said Bill by both houses of the New York State Legislature and approval by Governor Cuomo.

RESOLUTION VOTE, passed with Aye(6). Legislators Kelly and Wilson voted Nay. Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION SUPPORTING SENATE BILL S6827 AN ACT TO AMEND THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, IN RELATION TO RENAMING RIVERBANK STATE PARK; TO AUTHORIZE THE RENAMING OF THE NATIONAL PURPLE HEART HALL OF HONOR; TO AUTHORIZE THE RENAMING OF, IN WHOLE OR IN PART, THE NEW WINDSOR CANTONMENT STATE HISTORIC SITE; TO AMEND THE HIGHWAY LAW, IN RELATION TO DESIGNATING CERTAIN PORTIONS OF THE STATE HIGHWAY SYSTEM AS THE "SENATOR WILLIAM J. LARKIN, JR. HIGHWAY"; AND TO AMEND THE PUBLIC AUTHORITIES LAW, ENVIRONMENTAL CONSERVATION LAW AND THE HIGHWAY LAW, IN RELATION TO NAMING THE GOVERNOR MARIO M. CUOMO BRIDGE


II. Justification:

Because of Montgomery County's large presence on the NY State Thruway we are expressing our opinion as to the name of the New Bridge.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature is the has the authority to exercise all powers of local legislation.


IV. Financial Impact:

There should be no financial impact to Montgomery County for passing this resolution



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 170 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTON AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT WITH GOTTADO CONTRACTING, LLC (COUNTY TREASURER)


Resolution by Legislator: Headwell, Jr.
Seconded by: Pepe

WHEREAS, the current operator at the County owned transfer stations has requested the use of County owned equipment located on the premises; and

WHEREAS, the County and contractor have negotiated an equipment rental contract that is beneficial to both parties.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney, to sign an agreement with GottaDo Contracting, LLC to rent the equipment attached in Exhibit A attached hereto and incorporated herein.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT WITH GOTTADO CONTRACTING, LLC.


II. Justification:

Request of the current Transfer Station operator to lease County owned equipment located on premises.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Motngomery County Executive is authorized to sign contracts.


IV. Financial Impact:

Additional revenue to the County in the amount of $1,708.25/month ($20,505 annually).



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 171 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT WITH C.T. MALE ASSOCIATES FOR ARCHITECTURAL AND ENGINEERING SERVICES- EMERGENCY MANAGEMENT GARAGE AND STORAGE FACILITY


Resolution by Legislator: Wilson
Seconded by: Headwell, Jr.

WHEREAS, the Montgomery County Legislature has approved by adoption of Resolution 142 of 2017, the construction of a new emergency management garage and storage facility, at a cost of $1,340,000.00; and

WHEREAS, the county solicited RFQ #01-17 for the Department of Public Works for such project; and

WHEREAS, C.T. Male Associates was the sole responsible responsive bidder to RFQ #01-17 for the project.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney, to sign an agreement with C.T. Male associates of Latham, New York, for architectural and engineering services for the construction of the emergency management and storage facility;

FURTHER RESOLVED, that said services shall be at a cost not to exceed $130,410.00.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

COMPLETE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE CONSTRUCTION OF THE EMERGENCY MANAGEMENT GARAGE AND STORAGE FACILITY


II. Justification:

PHASE 2 OF A MULTIPLE PHASE BUILDING PROJECT


III. Legislative Impact:

PURSUANT TO ARTICLE 3 OF THE MONTGOMERY COUNTY CHARTER THE COUNTY LEGISLATURE HAS THE AUTHORITY TO AUTHORIZE THE COUNTY EXECUTIVE TO SIGN CONTRACTS


IV. Financial Impact:

COST OF PROJECT IS FUNDED BY RESOLUTION 142 OF 2017 NO FURTHER APPROPRIATIONS ARE NECESSARY.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 172 of 2017

DATED: June 27, 2017

RECOMMENDATION:
     

RESOLUTION SUPPORTING THE MUNICIPAL CONSOLIDATION AND EFFICIENCY PLAN AS SUBMITTED BY MONTGOMERY COUNTY AND ITS CONSTITUENT MUNICIPALITIES


Resolution by Legislator: Pepe
Seconded by: Headwell, Jr.

WHEREAS, the elected leadership of Montgomery County wishes to look out for the fiscal interest of its residents; and

WHEREAS, Montgomery County desires to lessen the property tax burden upon its residents and increase the quality of municipal services delivered to its residents; and

WHEREAS, Montgomery County has demonstrated its ability to work with other municipalities in successful efforts to share services and create municipal efficiencies; and

WHEREAS, through the Municipal Consolidation and Efficiency Plan (MCEP), Montgomery County will work collectively with its municipal partners within the county to innovatively and fundamentally transform the manner in which local governments operate and municipal services are delivered.

NOW, THEREFORE BE IT RESOLVED that the Montgomery County Legislature hereby endorses, fully supports and will actively participate in the implementation of the Municipal Consolidation and Efficiency Plan, as submitted by Montgomery County and its municipal partners; and

BE IT FURTHER RESOLVED, through the MCEP, Montgomery County will work collectively with its municipal partners within the county to transform the manner in which local governments operate and municipal services are delivered; and

BE IT FURTHER RESOLVED, that Montgomery County and its municipal partners within the county will work to continually refine and improve any and all elements of the MCEP subsequent to its submission.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes support for the Municipal Consolidation and Efficiency Plan as submitted by Montgomery County. 


II. Justification:

Back in February, Montgomery County was named one of six finalists for New York State's Municipal Consolidation and Efficiency Competition. The second phase of this competition is due to the state on Wednesday, June 28.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to exercise all powers of local legislation.


IV. Financial Impact:

In the event that the county is successful and chosen as the winner of this state competition, the county would be eligible for the competition's $20 million prize.



cc: County Clerk
County Treasurer